On Point blog, page 8 of 8
Exigency – Domestic Violence – Entry of Residence
State v. Mark S. Mielke, 2002 WI App 251, PFR filed 10/3/02
For Mielke: David J. Van Lieshout
Issue/Holding: Warrantless entry of a residence by the police, to investigate a domestic violence report concededly providing probable cause, was supported by exigent circumstances where the police could reasonably conclude that the safety of the reported victim was being compromised.
This terse little opinion (4+ pp) bids to do for DV cases what California v.
Exigency — Warrantless Entry to Investigate Suspected Burglary
State v. Dennis Lee Londo , State v. Richard John Vernon, 2002 WI App 89, PFR filed 4/2/02
For Londo: Michael B. Plaisted
For Vernon: Dennis P. Coffey, Seth P. Hartigan
Issue: Whether the police were justified in warrantless entry and search of a residence, during which they seized contraband, in order to investigate a reported burglary.
Holding: The police had probable cause,
Community Caretaker — Juvenile in High-crime Area
State v. Kelsey C.R., 2001 WI 54
For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate
Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine.
Holding: (Lead, three-vote opinion:) Given the “strong public interest in locating runaway children and juveniles,” along with the perception that “(a) juvenile [such as Kelsey],
Exigency — Community Caretaker — Underage Drinking
State v. Shane M. Ferguson, 2001 WI App 102
For Ferguson: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue: Whether the warrantless, forced police entry of a locked closet was justified under the community caretaker doctrine.
Holding:
¶12 After applying the Anderson test, we are satisfied that the police actions here qualified as ‘community caretaker.’ A search, to qualify as a community caretaker exception,
Exigency – Hot Pursuit – Reported Burglary in Progress
State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing State v. Richter, 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999)
For Richter: Susan Alesia, SPD, Madison Appellate
Issue/Holding:
¶29 There are four well-recognized categories of exigent circumstances that have been held to authorize a law enforcement officer’s warrantless entry into a home: 1) hot pursuit of a suspect,
Exigency — Emergency Doctrine — Warrantless Entry to Check on Welfare of Child
State v. Rick R. Rome, 2000 WI App 243, 239 Wis.2d 491, 620 N.W.2d 225
For Rome: William E. Schmaal, SPD, Madison Appellate
Issue/Holding: Police entry into a home and subsequent seizure of drugs in a closet was justified under the emergency doctrine:
¶12 In State v. Pires, 55 Wis. 2d 597, 201 N.W.2d 153 (1972), the Wisconsin Supreme Court approved the emergency rule as an exception to the warrant requirement,
Exigency — Community Caretaker Entry of Residence, Suicide Prevention — “Protective Sweep”
State v. Walter Horngren, 2000 WI App 177, 238 Wis.2d 347, 617 N.W.2d 508
For Horngren: James M. Weber
Issue/Holding1:
¶10 Horngren contends that the police entry, in response to a suicide threat, was made pursuant to WIS. STAT. § 51.15, “Emergency detention.” Therefore, he argues that the entry occurred while the officers were “engaging in traditional law enforcement duties,” not community caretaker duties. We disagree.
Reasonable Suspicion to Stop – Basis – Privileged Information – Public Safety Exception to Psychotherapist-Patient Privilege
State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999)
For Agacki: John M. Carroll.
Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search the patient.”
Holding: Because the statements involved the patient’s threat of imminent harm to another,